Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46285 of 2026 Arising Out of PS. Case No.-153 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

Pawan Kumar S/O Binod Singh R/O Vill.- Manwa, P.s.- Hisua, Dist.- Nawada.

2.

Rajeev Kumar S/O Binod Singh R/O Vill.- Manwa, P.s.- Hisua, Dist.- Nawada.

3.

Dipu Paswan S/O Moti Paswan R/O Vill.- Manwa Belari, P.s.- Hisua, Dist.- Nawada.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Bipin Kumar, Adv.

For the Opposite Party :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with G.O. Case No.153 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Allegation against the petitioners is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 88 litres of IMFL/country-made liquor.

Patna High Court CR. MISC. No.46285 of 2026(2) dt.22-07-2026 2/3

4. It is submitted by learned counsel appearing for the petitioners that the recovery of alleged illicit liquor was made from a hut near ahar which is an open place accessible to general public. It is also submitted that name of these petitioners arrayed solely due to personal vengeance. It is also submitted that recovery of illicit liquor was not made from conscious possession of these petitioners. It is further argued that no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. Petitioners claimed clean antecedent.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of these petitioners, who have a clean antecedent, accordingly, petitioners, above-named, in the event of their arrest or surrender in the court below within a period of four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Court Excise-2, Nawada in

Patna High Court CR. MISC. No.46285 of 2026(2) dt.22-07-2026 3/3 connection with G.O. Case No.153 of 2020, subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Aniket/- U T